Crazed homeless man accused of slaughtering Iryna Zarutska on train found incompetent to stand trial
The deranged homeless man accused of savagely butchering Iryna Zarutska, a 23-year-old Ukrainian refugee, on a Charlotte light rail train has been found “incapable to proceed” on state murder charges.
According to a motion filed April 7, Decarlos Brown Jr. was evaluated Dec. 29 at Central Regional Hospital, and the subsequent report determined he was not competent to stand trial, according to WBTV. His attorney has asked the court to delay his competency hearing by 180 days.
The results were previously sealed in state court and were only revealed as the motion was filed.
Decarlos Brown Jr. allegedly killed Iryna Zarutska on a Charlotte light rail train. Instagram/ Iryna Zarutska
Prosecutors did not object to the requested 180-day delay of Brown’s Rule 24 hearing, which was previously scheduled for April 30, which will determine whether he is fit to proceed with a potential death penalty trial.
Brown is also facing federal charges — and will remain in custody on that case, his lawyer Daniel Roberts said.
A judge must now determine whether to accept the report’s findings, and the case against him will likely be delayed until his capacity is determined to be “restored” by the court, the station reported.
In the motion filed by Brown’s public defender, he claimed the court-required capacity hearing cannot take place with the accused killer in federal custody, and that the court also can’t order to have his capacity restored.
If a judge agrees Brown is incompetent to stand trial, state law mandates the charges be dismissed. However, if the judge issues the ruling without prejudice, state murder charges could be refiled if he ever regains his capacity to be tried.
A similar situation happened in the Tar Heel State in 2020 when murder charges were dismissed without prejudice against Buford James Penley after he was determined to be incompetent by multiple psychologists, including one who worked for the DA’s office.
Under North Carolina law, a defendant is deemed capable to proceed to trial if they can understand the nature and object of the proceedings, comprehend his or her situation in reference to the proceedings, and assist in his or her defense in a rational or reasonable manner.
Brown has been in federal custody in Chicago since a grand jury indicted him on Oct. 22 for violence against a railroad carrier and mass transportation system causing death. He faces state charges of first-degree murder.
He’s been ordered to undergo a psychiatric evaluation pursuant to his federal case, but court filings viewed by the outlet last month show it hasn’t been completed and that the evaluation period has been extended.
The outlet reports that restoring competency can take a long time in North Carolina because of limited space in state psychiatric facilities, and said it’s not uncommon for defendants to wait a year or more for a bed to open up.
Brown, 35, whose mother told The Post is schizophrenic, was arrested at least 14 times in North Carolina for crimes ranging from assault and firearms possession to felony robbery dating back to 2007.
Brown Jr. was found “incapable to proceed” on state murder charges for the brutal slaying. AP
At the time of the senseless attack in late August, he was free on cashless bail after a magistrate released him with a “written promise” to show up for court after placing a bogus 911 call.
The horrifying caught-on-camera slaying became national news, and prompted President Trump to call for Brown to face the death penalty on federal murder charges.
Two months after the attack, North Carolina Gov. Josh Stein signed “Iryna’s Law,” which prevents cashless bail for some violent crimes and repeat offenders and improves checks on criminals released on bail.
In the video, Brown is seen seated on the train before Zarutska boards and unknowingly takes the seat in front of him, her blonde locks tucked beneath a black baseball cap from Zepeddie’s Pizza, part of her work uniform.
As she busies herself with her phone, completely unaware of the danger lurking inches behind her, Brown unfolds a pocket knife before looming over her and brutally stabbing her several times in the neck in the cowardly sneak attack.
Zarutska’s face contorted into a haunting look of horror as she bled out on the train. Bystanders barely seemed to notice the horrifying scene — and no one stepped up to render aid.
After the stabbing, Brown can be seen meandering through the Lynx Blue Line train as a trail of blood drops forms behind him. He was arrested at the scene a short time later.
During a welfare check last January, Brown asked cops to investigate a “man-made material” inside his body that was controlling his actions, according to an affidavit obtained by the Charlotte Observer.
